The ambiguity of intent in the tort of battery
Bench and Bar
, July 2015
The author discusses the two main theories of intent recognized across jurisdictions, explains what is at stake in choosing one over the other, outlines Illinois’ law regarding the matter, looks into whether the new Restatement (Third) of Torts provides any clarity on what “intent” requires, describes how other jurisdictions have interpreted the Restatement, and shows how this problem may best be solved.
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